Pitkin v. Clifford
Appellate Division of the Supreme Court of the State of New York
Appeal "by the plaintiffs, John H. Pitkin and another, from an order of the County Court of Saratoga county, entered in the office of the clerk of said county on the 26th day of December, 1906, denying the plaintiffs’ motion to require the justice before whom this cause was originally tried to make a further and amended return.
1Concurrence
Coohea.nb, J. (concurring):
It has been held that a return of a justice may not'be contradicted by an amended return. (Barber v. Stettheimer, 13 ITun, 198; Fitzgerald v. Fitzgerald, 25 id. 319; Bennett- v. Taylor, 10 id. 51; Thompson- v. Sheridan, 8Ó id. 33.) Those cases probably express the general rule. But such rule should, not be extended beyond the facts to which it has been -applied. If - a justice makes a mistake in his original return it certainly should not be held that he is foreclosed from correcting his own .mistake. In Wait’s Law and Practice (Yol. 3 [5th ed.], p. 962) it is said:…
2Cases cited1 opinion
- Simpson v. CarterNew York Supreme Court · 1810